A.
No person owning or harboring a dog shall allow it
to run at large in any of the streets or public places of the Village
or upon the premises of anyone other than the owner or occupant unless
the owner or occupant of such premises grants permission. No dog shall
be permitted in any public place or street within the Village unless
it is effectively restrained by a chain or leash not exceeding six
feet in length, and unless it is attended by a person of adequate
age and discretion to properly control its actions.
B.
No person owning, harboring, keeping or in charge
of any dog shall allow such dog to soil, defile, or defecate on any
common thoroughfare, sidewalk, passageway, bypath, play area, park
or any place where people congregate or walk, or on any public property
whatsoever, or on any private property without the permission of the
owner of that private property. The restriction in this section shall
not apply to that portion of the street lying between the curblines
which shall be used to curb such dog under the following conditions:
(1)
The person who so curbs such dog shall immediately
remove, in a sanitary method, all feces deposited by such dog; provided,
however, that the disposal of said feces by the depositing thereof
in storm sewers within the Village shall not be deemed to be a sanitary
method of disposal of such feces and is prohibited.
(2)
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, keeping or in charge of any dog curbed in accordance with
the provisions of this article.
A.
Any person owning or in charge of a dog, in addition to restraining such dog as required in § 87-2 of this article, shall keep such dog from entering upon private and/or municipally owned property and shall keep such dog at the curb on all streets in the Village.
B.
Subsection A shall not be construed to prohibit dog shows, obedience classes or other organized events conducted under the auspices of the Recreation Department of the Village of Rockville Centre, nor shall it be construed to apply to the walking of a dog on a publicly owned street or to prevent any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog from entering upon privately or municipally owned property.
A.
AT LARGE
DANGEROUS ANIMAL
VICIOUS DOG
Definitions. As used in this section, the following
terms shall have the meanings indicated:
When an animal is not on the premises of its owner or custodian
and is not on a leash and under the immediate control of its owner
or custodian.
Any animal which is capable of inflicting bodily harm upon
a person, excluding nonvicious dogs and other domestic animals.
A dog which has once bitten any person or twice makes an
unprovoked attack upon and bites another dog or other domestic animal
while at large. The term shall also mean a dog which is at large and
which without being provoked harasses or threatens a person in such
a manner as to create the appearance of fear or bodily injury by such
person or damages the real property or damages or destroys the personal
property of a person other than the dog's owner or custodian.
B.
Upon a finding after trial by the Village Justice
that a dog is vicious or that an animal is dangerous, the owner or
custodian of such animal shall be responsible in damages for any injury
or damage caused by such animal and shall also be liable for a fine
as provided for in this article. The Village Justice may order that
any dangerous animal or vicious dog be destroyed and in addition may
impose a fine. Pending trial, the Village Justice may, on proper cause
shown, order such dog or other animal confined under such conditions
as may be imposed.
No person shall entice any dog or other animal
out of the enclosure or house of its owner or harborer, or seize or
molest any dog or other animal while held or led by any person on
a leash, or bring any dog into said Village for the purpose of taking
up, distraining or selling same.
A person who owns or possesses a dog is prohibited
from allowing it to disturb the comfort or peace of any persons in
the vicinity by long, continued or frequent noise, including howling,
whining or barking. If a complaint is made to the Police Department
that such noise has occurred, the owner or possessor of the offending
animal shall receive a warning from the Police Department that he
or she has violated the provisions of this article. No penalty, however,
shall be imposed unless such notification has been made and a violation
thereafter has recurred.
[Amended 10-26-2010 by L.L. No. 14-2010[1]]
A.
Purpose. The purpose of this section is to provide
for the licensing and identification of dogs, the control and protection
of the dog population, and the protection of persons, property, and
domestic animals from dog attack and damage.
B.
Definitions. Except as otherwise provided in this
section, the definitions in Agricultural and Markets Law § 108
shall apply to this section. The term "owner" means any person who
harbors or keeps any dog.
C.
Except as is provided in §§ 107 and 109
of the Agriculture and Markets Law, all dogs within the Village four
months of age or older shall be licensed. The owner of each dog required
to be licensed shall obtain, complete, and return to the Village Clerk
a dog license application together with the license application fee,
any applicable license surcharges and such additional fees as shall
be established by the Village. Each license application shall be accompanied
by proof that the dog has been vaccinated against rabies, or a statement
from a licensed veterinarian that such vaccination would endanger
the dog’s life in which case vaccination shall not be required.
Each license issued shall be valid for a period of one year and shall
not be transferable.
D.
In the event that a dog owned by a resident of New
York City or a nonresident of New York State is licensed pursuant
to the law of the area of such residence, such dog shall be exempt
from licensing pursuant to this section for a period of 30 days after
being brought into the Village.
E.
The owner shall obtain a license from the Village
Clerk, or the designee of such Village Clerk, on forms provided by
the Village, which will include the following information:
(1)
The owner's name, residence address and telephone
number.
(2)
The breed, color, markings and month and year of birth,
or approximate age, of the dog, and the municipal license number of
the dog.
(3)
The type of license, including the sex of the dog,
whether it is spayed or neutered and if the dog is a guide, war or
police work dog.
(4)
The amount of the fee submitted to the Village Clerk.
(5)
Such other information as may be reasonably required
by the Village Clerk and is reasonably related to the foregoing or
required by the provisions of the Agriculture and Markets Law.
F.
Each dog license shall be renewed after a period of
one year beginning with the first day of the month following the date
of issuance and shall be renewable annually thereafter, prior to the
expiration date.
G.
Purebred license. The owner of one or more purebred
dogs registered by a recognized registry association may annually
make an application to the Village Clerk or the designee of the Village
Clerk for a purebred license, in addition to the individual licenses
required by this section. A purebred license shall be valid for a
period of one year beginning with the first day of the month following
the date of issuance and shall be renewable annually thereafter prior
to the expiration date. Such application shall be made to the Village
Clerk or the designee of such Village Clerk. The application shall
state the name, address and telephone number of the owner; the county
and city, town or village where such dogs are harbored; the sex, breed,
registry name and number of each purebred registered dog over the
age of four months which is harbored on the premises; and the sex
and breed of each purebred dog over the age of four months which is
harbored on the premises and which is eligible for registration. The
application shall also include a statement by the owner that all purebred
dogs over the age of four months which are harbored on the premises
have been listed. The application shall be accompanied by the license
fee prescribed by this section and a certificate of rabies vaccination
or statement in lieu thereof, as required by this section. Upon receipt
of the foregoing items, the Village Clerk shall assign a license number,
which shall be reserved for the sole use of the named owner, and shall
issue a purebred license. Once a purebred license has been issued,
no refund therefor shall be made. No purebred license shall be transferable.
Upon change of ownership of any dog licensed under a purebred license,
such dog shall become subject to the licensing provisions of this
section, except when the new owner holds a valid purebred license.
H.
Fees. All fees paid pursuant to this section are nonrefundable.
(1)
The fee for the licensing of dogs, and the additional
fee, if any, for a purebred license, shall be established from time
to time by resolution of the Board of Trustees, provided that the
fee for unspayed or unneutered dogs shall be at least $5 more than
the fee for spayed or neutered dogs.
(2)
In addition to such license fee, there shall be an
additional fee surcharge pursuant to Agriculture and Markets Law §
110, Subdivision 3, established from time to time by resolution of
the Board of Trustees, in the amount of at least $1 for altered dogs
and at least $3 for unaltered dogs, to be used for the purposes of
animal population control efforts.
(3)
The Board of Trustees may impose an additional surcharge
which shall be retained by the Village and used to defray the cost
of an enumeration of dogs living within the Village.
(4)
The Board of Trustees also may establish from time
to time a fee for replacement identification tags.
(5)
Exemptions from fees. No fee shall be required for
a license for a guide dog, hearing dog, service dog, war dog, working
search dog, detection dog, police work dog or therapy dog exempted
pursuant to § 110 of the Agriculture and Markets Law shall
not be subject to licensing fees. The license for each such dog shall
be conspicuously marked “Guide Dog,” “Hearing Dog,”
“Service Dog,” “Working Search Dog,” “War
Dog,” “Detection Dog,” Police Work Dog” or
“Therapy Dog” as may be appropriate.
I.
Display of license. Dogs shall display their license
as required by Agriculture and Markets Law § 111. However,
a dog participating in a dog show shall be exempt from the identification
requirement of such section during such participation.
J.
Notification
of change of ownership; lost dog; death of dog.
(1)
In the event of a change in the ownership of any dog
licensed pursuant to this section or the address of the owner of record
of any such dog, the owner of record shall, within 10 days of such
change, file with the Village Clerk a written report of such change.
Such owner shall remain liable for any violation of this section until
such filing is made or until the dog is licensed in the name of the
new owner.
(2)
If any dog which has been licensed pursuant to this
section is lost or stolen, the owner of record shall, within 10 days
after the discovery of such event, file with the Village Clerk a written
report of such loss or theft. The owner shall not be responsible for
any violation of this section with respect to such dog committed after
such report is filed.
(3)
In the case of a dog’s death, the owner of record
shall notify the Village Clerk prior to renewal of the license.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2011.
[Added 10-26-2010 by L.L.
No. 14-2010[1]]
The owner of any dog impounded by the Village shall be entitled
to redeem that dog within five business days, excluding the day the
dog is impounded, from the day the dog is impounded, provided that
the owner produces proof that the dog is licensed and identified and
pays a fee in an amount to be determined by resolution of the Board
of Trustees. Such fees may be established in an amount not less than
$10 for the first such impoundment, not less than $20 for the second
such impoundment, and not less than $30 for the third and each subsequent
impoundment, and also shall provide for a fee of $3 for each twenty-four-hour
period for the second and each subsequent impoundment.
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2011.
Except as otherwise provided in § 119
of the Agriculture and Markets Law, any person who violates any provision
of this article shall, upon conviction, be subject to a maximum fine
of $250 or a maximum term of imprisonment of 15 days, or both, for
each offense.
